ACLU questions prison ministry practices at Angola

A concrete tablet featuring biblical Scripture greets visitors just inside the main gates at the Louisiana State Penitentiary at Angola in 2005. The prison was forced to remove the sign after being sued by the American Civil Liberties Union.(Photo: Gannett Louisiana)

Inside the Louisiana State Penitentiary in Angola, once the nation's bloodiest prison, religion is a driving force in prisoner rehabilitation, but as recent law suits and Supreme Court decisions reflect, lines can be crossed that infringe upon an inmate's rights.

Warden of the Louisiana State Penitentiary Burl Cain has made several recent appearances throughout the state, including a stop in Monroe, where he discussed how religion has changed Angola from a feared state prison into one now revered and modeled for its innovation. He could not be reached for comment through the Department of Corrections nor did he respond to a request for an interview via social media.

Cain, at the helm since 1995, originally received pushback from organizations arguing church and state should be separate.

Cain, a man of strong religious beliefs, considered faith-based programs and what he calls moral rehabilitation the best answer. When a federal Pell Grant that funded a previous general education program ended, the prison reached out to the Baptist seminary.

He moved forward, using private donations — almost $5 million to-date — to build churches on site and support the religious training.

In the state's largest prison, religion is the tool used to change a prisoner's moral compass.

"Moral people don't rape, pilfer and steal. The immoral people are criminals," Cain said recently in an interview. "If I'm going to change the prison, I've got to get them to become moral. So where do I find morality best and quickest? I find it in religion."

New Orleans Baptist Theological Seminary has had a presence at the prison since 1996. But a new building is under construction to separately house the instructional program. Cain also introduced a variety of self-improvement programs, clubs, classes and educational opportunities. To that end, he invited the New Orleans Baptist Theological Seminary to offer classes leading to the bachelor's degree.

Cain's prisoner reform and moral rehabilitation has been the subject of several news articles and documentaries.

The American Civil Liberties Union has gone to court several times over religious matters at Angola and filed several lawsuits on behalf of prisoners who believed their rights were infringed.

In one lawsuit, Norman Sanders, a Mormon prisoner who simply wanted access to publications from sellers of Mormon materials, including the bookstore at Brigham Young University, claimed Cain repeatedly denied Norman's requests. In a settlement between Cain and the ACLU, Norman was allowed access to simple religious materials.

More recent suits included a Muslim prisoner who wanted access to publications associated with their religion, and a Catholic who wanted to watch Sunday Mass instead of Baptist programs that were shown on every television inside the prison.

The ACLU's response to these cases was Catholic and Muslim prisoners deserve the same opportunities to worship freely and they should not have a particular religion forced on them.

"Religion is a matter that should lie solely in the hands of individuals and their chosen faith. Prisons may not control the private practice of religion unless it clearly poses a safety or security risk, which is not an issue in these cases. Unfortunately, the prison is rearing its head into these men's relationships with their God," the ACLU stated.

Monroe criminal defense attorney Bob Noel teaches constitutional law at the University of Louisiana at Monroe. While few cases have been reported of prisoner's rights being violated locally, he's followed national cases and those reported from Angola.

"In its most recent case involving a Muslim forced to shave, the Supreme Court reaffirmed prisoner's have a right to practice their religion even in jail," Noel said.

In January the Supreme Court ruled spirituality overrides prison security concerns, such as the case of a Muslim prisoner in Arkansas whose beard was deemed potentially dangerous by the Arkansas Department of Correction which stated he could hide a weapon inside his beard. Justices stated growing a beard was a Muslim man's religious right.

"There's no doubt they cannot force anybody to attend a religious service they don't want to attend or inhibit a reasonable religious practice. In order to overcome a person's First Amendment right, including prisoners, you've got to have a strong state interest," Noel said.

"Nobody has absolute rights to anything, no matter what you think, but it has to be an undeniable interest to health and safety to override someone freely practicing their religion," Noel said.

In these matters involving prisoners, the state can be sued and prisoners would be entitled to damages while the taxpayers pick up the cost of attorney fees, Noel said.

"At a time when we are trying to keep hospitals and schools open, we have people trying to convert prisoners to their particular brand of Christianity and that will cost millions in taxpayers' money," Noel said.

When prisons are sued over violations of civil rights, the losing party, usually the defendant, must pay attorney fees that can range in the six figures.

Marjorie Esman, executive director of the ACLU of Louisiana, said besides the monetary cost to taxpayers, the bigger issue is the violation of the law when prisoners are not treated equally, not given the same opportunity to practice their religion or when they have a religion forced on them.

In an environment where officers must maintain a measure of control, ensuring prisoners are treated equally should be a top priority, Esman said.

"We must make sure every faith is respected. It's important for everyone to remember people come into prison from all different belief systems and when they are denied opportunities and freedoms, then we as a society have to ensure they can practice their own faith and not have another faith force on them," Esman said.